82 FR 42014 - Agency Information Collection Activities: Information Collection Renewal; Submission for OMB Review; Fair Housing Home Loan Data System Regulation
DEPARTMENT OF THE TREASURY
Office of the Comptroller of the Currency Federal Register Volume 82, Issue 170 (September 5, 2017)
Office of the Comptroller of the Currency
Federal Register Volume 82, Issue 170 (September 5, 2017)
| Page Range | 42014-42015 | |
| FR Document | 2017-18639 |
[Federal Register Volume 82, Number 170 (Tuesday, September 5, 2017)] [Notices] [Pages 42014-42015] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-18639] ----------------------------------------------------------------------- DEPARTMENT OF THE TREASURY Office of the Comptroller of the Currency Agency Information Collection Activities: Information Collection Renewal; Submission for OMB Review; Fair Housing Home Loan Data System Regulation AGENCY: Office of the Comptroller of the Currency (OCC), Treasury. ACTION: Notice and request for comment. ----------------------------------------------------------------------- SUMMARY: The OCC, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other federal agencies to take this opportunity to comment on a continuing information collection as required by the Paperwork Reduction Act of 1995 (PRA). In accordance with the requirements of the PRA, the OCC may not conduct or sponsor, and a respondent is not required to respond to, an information collection unless it displays a currently valid Office of Management and Budget (OMB) control number. The OCC is soliciting comment concerning the renewal of its information collection titled ``Fair Housing Home Loan Data System Regulation.'' The OCC also is giving notice that it has sent the collection to OMB for review. DATES: Comments must be received on or before October 5, 2017. ADDRESSES: Because paper mail in the Washington, DC area and at the OCC is subject to delay, commenters are encouraged to submit comments by email, if possible. Comments may be sent to: Legislative and Regulatory Activities Division, Office of the Comptroller of the Currency, Attention: 1557-0159, 400 7th Street SW., Suite 3E-218, Washington, DC 20219. In addition, comments may be sent by fax to (571) 465-4326 or by electronic mail to [email protected]. You may personally inspect and photocopy comments at the OCC, 400 7th Street SW., Washington, DC 20219. For security reasons, the OCC requires that visitors make an appointment to inspect comments. You may do so by calling (202) 649- 6700 or, for persons who are deaf or hard of hearing, TTY, (202) 649- 5597. Upon arrival, visitors will be required to present valid government-issued photo identification and submit to security screening in order to inspect and photocopy comments. All comments received, including attachments and other supporting materials, are part of the public record and subject to public disclosure. Do not include any information in your comment or supporting materials that you consider confidential or inappropriate for public disclosure. Additionally, please send a copy of your comments by mail to: OCC Desk Officer, 1557-0159, U.S. Office of Management and Budget, 725 17th Street NW., #10235, Washington, DC 20503 or by email to [email protected]. FOR FURTHER INFORMATION CONTACT: Shaquita Merritt, OCC Clearance Officer, (202) 649-5490 or, for persons who are deaf or hard of hearing, TTY, (202) 649-5597, Legislative and Regulatory Activities Division, Office of the Comptroller of the Currency, 400 7th Street SW., Washington, DC 20219. SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501-3520), federal agencies must obtain approval from OMB for each collection of information that they conduct or sponsor. ``Collection of information'' is defined in 44 U.S.C. 3502(3) and 5 CFR 1320.3(c) to include agency requests or requirements that members of the public submit reports, keep records, or provide information to a third party. The OCC is requesting that OMB extend its approval of the following information collection: Title: Fair Housing Home Loan Data System Regulation. OMB Control No.: 1557-0159. Description: The Fair Housing Act (42 U.S.C. 3605) prohibits discrimination in the financing of housing on the basis of race, color, religion, sex, or national [[Page 42015]] origin. The Equal Credit Opportunity Act (ECOA) (15 U.S.C. 1691 et seq.) prohibits discrimination in any aspect of a credit transaction on the basis of race, color, religion, national origin, sex, marital status, age, receipt of income from public assistance, or exercise of any right under the Consumer Credit Protection Act (CCPA) (15 U.S.C. 1601 et seq.). The OCC is responsible for ensuring that national banks and federal savings associations comply with those laws. This information collection is needed to promote compliance and for the OCC to fulfill its statutory responsibilities. The OCC uses the data to determine whether an institution treated applicants consistently and made credit decisions commensurate with the applicants' qualifications and in compliance with ECOA and CCPA. The information collection requirements are as follows:12 CFR 27.3(a) requires national banks that are required to collect data on home loans under 12 CFR part 203 \1\ to present the data on Form FR HMDA-LAR,\2\ or in automated format in accordance with the HMDA-LAR instructions, and to include one additional item (the reason for denial) on the HMDA-LAR. Section 27.3(a) also lists exceptions to the HMDA-LAR recordkeeping requirements. Federal savings associations report this information to the OCC pursuant to 12 CFR 128.6 and the CFPB's Regulation C, 12 CFR part 1003. --------------------------------------------------------------------------- \1\ This regulation has been transferred to the Consumer Financial Protection Bureau (CFPB) (12 CFR part 1003). \2\ Loan Application Register, http://www.ffiec.gov/hmda/pdf/hmdalar2011.pdf. --------------------------------------------------------------------------- 12 CFR 27.3(b) lists the information national banks shall attempt to obtain from an applicant as part of a home loan application and sets forth the information that banks must disclose to an applicant. 12 CFR 27.3(c) sets forth additional information national banks must maintain in the loan file. 12 CFR 27.4 states that the OCC may require a national bank to maintain a Fair Housing Inquiry/Application Log found in Appendix III to part 27 if there is reason to believe that the bank is engaging in discriminatory practices or if analysis of the data compiled by the bank under the Home Mortgage Disclosure Act (12 U.S.C. 2801 et seq.) and 12 CFR part 203 indicates a pattern of significant variation in the number of home loans between census tracts with similar incomes and home ownership levels differentiated only by race or national origin. Section 27.4(a)(2) also requires a log if complaints filed with the Comptroller or letters in the Community Reinvestment Act file are found to be substantive in nature, indicating that the bank's home lending practices are, or may be, discriminatory. 12 CFR 27.5 requires a national bank to maintain the information required by Sec. 27.3 for 25 months after the bank notifies the applicant of action taken on an application or after withdrawal of an application. 12 CFR 27.7 requires a national bank to submit the information required by Sec. Sec. 27.3(a) and 27.4 to the OCC upon its request prior to a scheduled examination using the Monthly Home Loan Activity Format form in Appendix I to part 27 and the Home Loan Data Form in Appendix IV to part 27. Section 27.7(c)(3) states that a bank with fewer than 75 home loan applications in the preceding year will not be required to submit such forms unless the home loan activity is concentrated in the few months preceding the request for data, indicating the likelihood of increased activity over the subsequent year or there is cause to believe that a bank is not in compliance with the fair housing laws based on prior examinations and/or complaints, among other factors. Section 27.7(d) provides that if there is cause to believe that a bank is in noncompliance with fair housing laws, the Comptroller may require submission of additional Home Loan Data Submission Forms. The Comptroller may also require submission of the information maintained under Sec. 27.3(a) and Home Loan Data Submission Forms at more frequent intervals. OCC-regulated institutions now have access to a CFPB-developed web- based data submission and edit-check system (the HMDA Platform) that may be used to process HMDA data. Some institutions, typically those with small volumes of reported loans or those who do not use a vendor or other software to prepare their HMDA data for submission, will still need a software solution for integrating HMDA data from paper records or electronic systems. Therefore, the CFPB created a prototype ``LAR Formatting Tool'' which will allow financial institutions with small volumes of reported loans, or those who do not use a vendor or other software to prepare their HMDA data for submission, to enter HMDA data and to create a pipe delimited text file to upload to the HMDA Platform. The institution can then proceed through the interactive Web pages of the HMDA Platform to process HMDA data. Type of Review: Regular. Affected Public: Businesses or other for-profit. Frequency of Response: On occasion. Estimated Number of Respondents: 1,927. Estimated Total Annual Burden: 31,704 hours. The OCC issued a notice for 60 days of comment regarding this collection on June 5, 2017, 82 FR 25917. No comments were received. Comments continue to be invited on: (a) Whether the collection of information is necessary for the proper performance of the functions of the OCC, including whether the information has practical utility; (b) The accuracy of the OCC's estimate of the burden of the information collection; (c) Ways to enhance the quality, utility, and clarity of the information to be collected; (d) Ways to minimize the burden of the collection on respondents, including through the use of automated collection techniques or other forms of information technology; and (e) Estimates of capital or start-up costs and costs of operation, maintenance, and purchase of services to provide information. Dated: August 28, 2017. Karen Solomon, Deputy Chief Counsel, Office of the Comptroller of the Currency. [FR Doc. 2017-18639 Filed 9-1-17; 8:45 am] BILLING CODE 4810-33-P
![42014 Federal Register / Vol. 82, No. 170 / Tuesday, September 5, 2017 / Notices
include any information in your (a) Whether the collection of subject to delay, commenters are
comment or supporting materials that information is necessary for the proper encouraged to submit comments by
you consider confidential or performance of the functions of the email, if possible. Comments may be
inappropriate for public disclosure. OCC, including whether the information sent to: Legislative and Regulatory
Additionally, please send a copy of has practical utility; Activities Division, Office of the
your comments by mail to: OCC Desk (b) The accuracy of the OCC’s Comptroller of the Currency, Attention:
Officer, 1557–0322, U.S. Office of estimate of the information collection 1557–0159, 400 7th Street SW., Suite
Management and Budget, 725 17th burden; 3E–218, Washington, DC 20219. In
Street NW., #10235, Washington, DC (c) Ways to enhance the quality, addition, comments may be sent by fax
20503 or by email to oira_submission@ utility, and clarity of the information to to (571) 465–4326 or by electronic mail
omb.eop.gov. be collected; to prainfo@occ.treas.gov. You may
FOR FURTHER INFORMATION CONTACT: (d) Ways to minimize the burden of personally inspect and photocopy
Shaquita Merritt, OCC Clearance the collection on respondents, including comments at the OCC, 400 7th Street
Officer, (202) 649–5490, Legislative and through the use of automated collection SW., Washington, DC 20219. For
Regulatory Activities Division, Office of techniques or other forms of information security reasons, the OCC requires that
the Comptroller of the Currency, 400 7th technology; and visitors make an appointment to inspect
Street SW., Washington, DC 20219. (e) Estimates of capital or start-up comments. You may do so by calling
SUPPLEMENTARY INFORMATION: Under the
costs and costs of operation, (202) 649–6700 or, for persons who are
PRA (44 U.S.C. 3501–3520), federal maintenance, and purchase of services deaf or hard of hearing, TTY, (202) 649–
agencies must obtain approval from the to provide information. 5597. Upon arrival, visitors will be
OMB for each collection of information Dated: August 28, 2017. required to present valid government-
that they conduct or sponsor. Karen Solomon, issued photo identification and submit
‘‘Collection of information’’ is defined Deputy Chief Counsel, Office of the to security screening in order to inspect
in 44 U.S.C. 3502(3) and 5 CFR Comptroller of the Currency. and photocopy comments.
1320.3(c) to include agency requests or [FR Doc. 2017–18652 Filed 9–1–17; 8:45 am] All comments received, including
requirements that members of the public BILLING CODE 4810–33–P
attachments and other supporting
submit reports, keep records, or provide materials, are part of the public record
information to a third party. and subject to public disclosure. Do not
The OCC is requesting that OMB DEPARTMENT OF THE TREASURY include any information in your
extend its approval of the following comment or supporting materials that
information collection: Office of the Comptroller of the you consider confidential or
Title: Disclosure Requirements Currency inappropriate for public disclosure.
Associated with Supplementary Additionally, please send a copy of
Leverage Ratio. Agency Information Collection your comments by mail to: OCC Desk
OMB Control No.: 1557–0322. Activities: Information Collection Officer, 1557–0159, U.S. Office of
Description: All banking organizations Renewal; Submission for OMB Review; Management and Budget, 725 17th
that are subject to the agencies’ Fair Housing Home Loan Data System Street NW., #10235, Washington, DC
advanced approaches risk-based capital Regulation 20503 or by email to oira_submission@
rules (advanced approaches banking omb.eop.gov.
AGENCY: Office of the Comptroller of the
organizations), as defined in the 2013 FOR FURTHER INFORMATION CONTACT:
Currency (OCC), Treasury.
revised capital rule,1 are required to Shaquita Merritt, OCC Clearance
ACTION: Notice and request for comment.
disclose their supplementary leverage Officer, (202) 649–5490 or, for persons
ratios.2 Advanced approaches banking SUMMARY: The OCC, as part of its who are deaf or hard of hearing, TTY,
organizations must report their continuing effort to reduce paperwork (202) 649–5597, Legislative and
supplementary leverage ratios on the and respondent burden, invites the Regulatory Activities Division, Office of
applicable regulatory reports. These general public and other federal the Comptroller of the Currency, 400 7th
disclosures enhance the transparency agencies to take this opportunity to Street SW., Washington, DC 20219.
and consistency of reporting comment on a continuing information SUPPLEMENTARY INFORMATION: Under the
requirements for the supplementary collection as required by the Paperwork PRA (44 U.S.C. 3501–3520), federal
leverage ratio by all internationally Reduction Act of 1995 (PRA). agencies must obtain approval from
active organizations. In accordance with the requirements OMB for each collection of information
Type of Review: Regular review. of the PRA, the OCC may not conduct
Affected Public: National banks and that they conduct or sponsor.
or sponsor, and a respondent is not ‘‘Collection of information’’ is defined
federal savings associations that are required to respond to, an information
subject to the OCC’s advanced in 44 U.S.C. 3502(3) and 5 CFR
collection unless it displays a currently 1320.3(c) to include agency requests or
approaches risk-based capital rules. valid Office of Management and Budget
Frequency of Response: Quarterly. requirements that members of the public
(OMB) control number. submit reports, keep records, or provide
Estimated Number of Respondents: The OCC is soliciting comment
15. information to a third party.
concerning the renewal of its The OCC is requesting that OMB
Total estimated Annual Burden: 300
information collection titled ‘‘Fair extend its approval of the following
hours.
The OCC issued a notice for 60 days Housing Home Loan Data System information collection:
mstockstill on DSK30JT082PROD with NOTICES
of comment regarding this collection on Regulation.’’ The OCC also is giving Title: Fair Housing Home Loan Data
June 5, 2017, 82 FR 25916. No notice that it has sent the collection to System Regulation.
comments were received. Comments OMB for review. OMB Control No.: 1557–0159.
continue to be invited on: DATES: Comments must be received on Description: The Fair Housing Act (42
or before October 5, 2017. U.S.C. 3605) prohibits discrimination in
1 12 CFR 3.100(b)(1). ADDRESSES: Because paper mail in the the financing of housing on the basis of
2 12 CFR 3.10(c), 3.172(d), and 3.173. Washington, DC area and at the OCC is race, color, religion, sex, or national
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![Federal Register / Vol. 82, No. 170 / Tuesday, September 5, 2017 / Notices 42015
origin. The Equal Credit Opportunity requires a log if complaints filed with Affected Public: Businesses or other
Act (ECOA) (15 U.S.C. 1691 et seq.) the Comptroller or letters in the for-profit.
prohibits discrimination in any aspect Community Reinvestment Act file are Frequency of Response: On occasion.
of a credit transaction on the basis of found to be substantive in nature, Estimated Number of Respondents:
race, color, religion, national origin, sex, indicating that the bank’s home lending 1,927.
marital status, age, receipt of income practices are, or may be, discriminatory. Estimated Total Annual Burden:
from public assistance, or exercise of • 12 CFR 27.5 requires a national 31,704 hours.
any right under the Consumer Credit bank to maintain the information The OCC issued a notice for 60 days
Protection Act (CCPA) (15 U.S.C. 1601 required by § 27.3 for 25 months after of comment regarding this collection on
et seq.). The OCC is responsible for the bank notifies the applicant of action June 5, 2017, 82 FR 25917. No
ensuring that national banks and federal taken on an application or after comments were received. Comments
savings associations comply with those withdrawal of an application. continue to be invited on:
laws. This information collection is • 12 CFR 27.7 requires a national (a) Whether the collection of
needed to promote compliance and for bank to submit the information required information is necessary for the proper
the OCC to fulfill its statutory by §§ 27.3(a) and 27.4 to the OCC upon performance of the functions of the
responsibilities. its request prior to a scheduled OCC, including whether the information
The OCC uses the data to determine examination using the Monthly Home has practical utility;
whether an institution treated Loan Activity Format form in Appendix (b) The accuracy of the OCC’s
applicants consistently and made credit I to part 27 and the Home Loan Data estimate of the burden of the
decisions commensurate with the Form in Appendix IV to part 27. Section information collection;
applicants’ qualifications and in 27.7(c)(3) states that a bank with fewer (c) Ways to enhance the quality,
compliance with ECOA and CCPA. than 75 home loan applications in the utility, and clarity of the information to
The information collection preceding year will not be required to be collected;
requirements are as follows: submit such forms unless the home loan (d) Ways to minimize the burden of
• 12 CFR 27.3(a) requires national activity is concentrated in the few the collection on respondents, including
banks that are required to collect data months preceding the request for data, through the use of automated collection
on home loans under 12 CFR part 203 1 indicating the likelihood of increased techniques or other forms of information
to present the data on Form FR HMDA– activity over the subsequent year or technology; and
LAR,2 or in automated format in there is cause to believe that a bank is (e) Estimates of capital or start-up
accordance with the HMDA–LAR not in compliance with the fair housing costs and costs of operation,
instructions, and to include one laws based on prior examinations and/ maintenance, and purchase of services
additional item (the reason for denial) or complaints, among other factors. to provide information.
on the HMDA–LAR. Section 27.3(a) also • Section 27.7(d) provides that if Dated: August 28, 2017.
lists exceptions to the HMDA–LAR there is cause to believe that a bank is Karen Solomon,
recordkeeping requirements. Federal in noncompliance with fair housing Deputy Chief Counsel, Office of the
savings associations report this laws, the Comptroller may require Comptroller of the Currency.
information to the OCC pursuant to 12 submission of additional Home Loan [FR Doc. 2017–18639 Filed 9–1–17; 8:45 am]
CFR 128.6 and the CFPB’s Regulation C, Data Submission Forms. The BILLING CODE 4810–33–P
12 CFR part 1003. Comptroller may also require
• 12 CFR 27.3(b) lists the information submission of the information
national banks shall attempt to obtain maintained under § 27.3(a) and Home DEPARTMENT OF THE TREASURY
from an applicant as part of a home loan Loan Data Submission Forms at more
application and sets forth the frequent intervals. Office of the Comptroller of the
information that banks must disclose to OCC-regulated institutions now have Currency
an applicant. access to a CFPB-developed web-based
• 12 CFR 27.3(c) sets forth additional data submission and edit-check system Agency Information Collection
information national banks must (the HMDA Platform) that may be used Activities; Information Collection
maintain in the loan file. to process HMDA data. Some Renewal; Submission for OMB Review;
• 12 CFR 27.4 states that the OCC institutions, typically those with small Basel II Interagency Supervisory
may require a national bank to maintain volumes of reported loans or those who Guidance for the Supervisory Review
a Fair Housing Inquiry/Application Log do not use a vendor or other software to Process (Pillar 2)
found in Appendix III to part 27 if there prepare their HMDA data for AGENCY: Office of the Comptroller of the
is reason to believe that the bank is submission, will still need a software Currency (OCC), Treasury.
engaging in discriminatory practices or solution for integrating HMDA data ACTION: Notice and request for
if analysis of the data compiled by the from paper records or electronic comments.
bank under the Home Mortgage systems. Therefore, the CFPB created a
Disclosure Act (12 U.S.C. 2801 et seq.) prototype ‘‘LAR Formatting Tool’’ SUMMARY: The OCC, as part of its
and 12 CFR part 203 indicates a pattern which will allow financial institutions continuing effort to reduce paperwork
of significant variation in the number of with small volumes of reported loans, or and respondent burden, invites the
home loans between census tracts with those who do not use a vendor or other general public and other federal
similar incomes and home ownership software to prepare their HMDA data for agencies to comment on a continuing
mstockstill on DSK30JT082PROD with NOTICES
levels differentiated only by race or submission, to enter HMDA data and to information collection as required by
national origin. Section 27.4(a)(2) also create a pipe delimited text file to the Paperwork Reduction Act of 1995
upload to the HMDA Platform. The (PRA).
1 This regulation has been transferred to the
institution can then proceed through the The OCC may not conduct or sponsor,
Consumer Financial Protection Bureau (CFPB) (12
CFR part 1003). interactive Web pages of the HMDA and a respondent is not required to
2 Loan Application Register, http://www.ffiec.gov/ Platform to process HMDA data. respond to, an information collection
hmda/pdf/hmdalar2011.pdf. Type of Review: Regular. unless it displays a currently valid
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Document Created: 2017-09-02 03:24:56
Document Modified: 2017-09-02 03:24:56
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice and request for comment. | |
| Dates | Comments must be received on or before October 5, 2017. | |
| Contact | Shaquita Merritt, OCC Clearance Officer, (202) 649-5490 or, for persons who are deaf or hard of hearing, TTY, (202) 649-5597, Legislative and Regulatory Activities Division, Office of the Comptroller of the Currency, 400 7th Street SW., Washington, DC 20219. | |
| FR Citation | 82 FR 42014 |
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